Lawfare Archive: When Lawyers Spread Disinformation

This episode of The Lawfare Podcast, originally aired on August 5, 2022, examines the role of legal discipline in holding lawyers accountable for spreading disinformation during the 2020 U.S. election aftermath. Host Quinta Jurassic interviews Paul Rosenzweig, a legal ethics expert and board member of The 65 Project, which tracks and seeks accountability for attorneys involved in efforts to overturn the election. The discussion centers on how state bars and judicial ethics systems can discipline lawyers for making knowingly false claims in court, particularly in the context of the 65 frivolous lawsuits filed post-election. Rosenzweig explains the mechanics of legal discipline—ranging from investigations by bar counsel to adjudicative hearings and potential disbarment—and emphasizes that while the process is limited in scope and slow, it serves as both a specific and general deterrent. He argues that the courtroom, despite its imperfections, remains a space where truth is more rigorously enforced than in political or public discourse, especially when compared to the rampant falsehoods spread by figures like Rudy Giuliani, Sidney Powell, and Ted Cruz. The episode also addresses the First Amendment’s role, clarifying that lawyers are not protected from discipline for false statements made in court or while representing clients, even if those statements are politically motivated. Key takeaways include: (1) Lawyers can be disciplined for knowingly making false claims in court, even if they’re zealously advocating for a client; (2) The legal discipline process is reactive, slow, and often under-resourced, but it can still serve as a deterrent; (3) The 65 Project aims to hold not just high-profile attorneys but also lesser-known 'foot soldiers' accountable; (4) False claims made during attorney-client representation—especially when the lawyer has affirmed they reviewed the evidence—are particularly serious; (5) Courts have proven more resistant to political pressure than other branches, helping preserve the integrity of the electoral process. The episode concludes with a call for public vigilance, noting that milestones like the filing of formal complaints are the best indicators of active disciplinary efforts.